Bare Act
The Jammu and Kashmir Arrest and Detentions (Validating) Act, 1949
1. Short titre, extent and commcneement
(1) This Act may be called the Arrests and Detentions (Validating) Act, 2006. (2) It shall extend to the whole of the Jammu and Kashmir State. (3) It shall come into force at once.
2. Orders vafidatei1
Any order aut!lorising 'detention or ex- tending the period of detention for a period exceeding two months or authorising detention in places other than those specified by the Government under section 3 of the Public Security Act or releasing the detenues before the expiry of their terms of deten- tion or any order authorising arrest or detention of a suspected person under rule 24 of the Jammu and Kashmir Defence Rules, passed bv any person or an officer not authorised to do so or by the Minister-in-charge. Internal Security, Law and Order, during the period beginning with 30th October, 1947, and ending with the date of passing of this Act, shall be deemed to have been passed by the Government under section 3 of the Public Security Act or under rule 24 of the Defence Rules, as the case may be, and shall not be open to the objection that it was passed by an unauthorised person.
3. Bar of legal proceedings
No Suit or other legal proceed- ings, whatsoever, whether civil or criminal, shall lie in any Court of law against any individual orr authority for or on acconut of or in respect of any arrest, detention or extension in the period of detention or detention of the detenues in places other than those specified by the Government under section 3 of the Public Security Act or their premature release, from the custody or in respect of any arrest lor detention under rule 24 of the Defence Rules, made or ordered or purporting to have been made or ordered in good faith by any such individual or authority for the purpose of maintaining public order or securing the defence of the State, between 30ith October, 1947 and the date of enforce- ment of this Act, when such individuals or authorities bona fide believed that they were authorised by the Government in this behalf.
4. Certificate a conclvsive proof of good 1 aith
For the purposes of section 3 of the Public Security Act and rule 24 of the Defence Rules, a certificate by olr under the authority of the Government that the said order was made by such individual or authority in good faith and bona fide believing that he was authorised by the Government in this behalf, shall be conclusive proof thereof.
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